Posted on 01/17/2016 8:01:33 AM PST by RoosterRedux
Presidential candidate Donald Trump told ABC's George Stephanopoulos that he'll consider filing a lawsuit against Ted Cruz regarding his U.S. citizenship. Trump made the comments after Stephanopoulos asked whether he'd sue.
(Excerpt) Read more at weeklystandard.com ...
Please tell us how Trump HAS BEEN damaged by the circumstances of Cruz birth.
In one of the earliest Obama eligibility lawsuits, American Independent Party candidate Alan Keyes almost got standing. The federal judge wrote in his opinion that he was hesitant to deny standing based on what MIGHT occur in an election but the fact that Ambassador Keyes was only on the ballot in a few states and had zero chance of gaining 270 Electors was the deciding factor in ruling against standing.
Cruz should win in Iowa, Trump will have suffered “injury-in-fact†(direct not indirect injury) which is a requirement of standing,
The “injury-in-fact†will have been perpetrated by the voters, not Cruz. Maybe Clyde Barnum Trump will sue the voters.
Such may seem odd to us now, but that's how the Founders set it up.
Yep. And wisely too. Under ordinary circumstances, it prevents untold numbers of frivolous lawsuits.
Unfortunately, we are living in times marked by extraordinary circumstances.
“For the 1,000th time, a natural born citizen means a citizen from birth.”
Nope. Sorry. An Anchor Baby is a citizen at birth. You now that. Well,at least, you should. No way is any ole citizen also a natural born citizen. No way, no how.
“if a woman US soldier serving in Iraq gives birth in Iraq, is her child an American or Iraqi???”
Not sure about Iraqi laws, but the baby would be a US citizen. But no way a natural born citizen.
The more I watch all of the candidates, the less I like any of them. The Presidency may prove to be a bust, no matter who gets in.
Voters don’t have standing. Their “injuries” aren’t particularized. They’re general.
Unfortunately the courts have not agreed with that. In today’s world, anyone who qualifies under federal statutes as a Citizen of the United States At Birth seems also to qualify as a Natural Born Citizen, based on actual court rulings.
There is no example of a person who qualified as a Citizen of the United States at birth who was denied Article II Section 1 status as a natural born citizen, eligible for the presidency.
In 1884 the Supreme Court ruled in Elk v Wilkins, 112 U. S. 94:
“The distinction between citizenship by birth and citizenship by naturalization is clearly marked in the provisions of the constitution, by which no person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president; and the congress shall have power to establish an uniform rule of naturalization. Const. art. 2, § 1; art. 1, § 8.
This section [of the 14th Amendment] contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared to be citizens are all persons born or naturalized in the United States, and subject to the jurisdiction thereof.
"The following shall be nationals and citizens of the United States at birth: (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years..."
Not so for Obama. You are citing the statute as is stood after 1986. The relevant statute is the one prior to 1986 that covers the time of Obamas birth. Section (g) of that is different. It states :
... a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.)
Obamas mother was only 18, thus not satisfying the 5 year requirement to pass on citizenship.
You may have missed my point.
The MSM, and others, have thrown the tag “reality TV Star” at Trump to create an image of Trump, while also ridiculing, demeaning, and dimishing what Trump has created.
The fact is, Trump is running circle’s around the professional politicans, and Karl Rove types, exposing them as lightweights.
If you have a field of pop warner quarterback children, the best of that bunch will be revealed.
If you throw a Cam Newton or Tom Brady into that pop warner group, the experienced adult will be far and away the better quarterback
Oy!
And even if you’re right,...
The facts are clear. Who does Cruz have alliegence to?
...all that matters NOTHING seeing as how there probably wouldn’t be a court to say that, unless it’s an activist leftist court...
The courts are stacked by the dims. That increases the risk of a successful lawsuit, backing up Trump’s observation that Cruz has a question mark hanging over his head.
..And actually, I don’t know what Cuba’s citizenship laws are. I’m guessing you don’t either...
Actually, for centuries, citizenship was passed from father to children.
...I was under the impression in all of this that citizenship was passed on by the mother well before 1934 according to something I read. Perhaps not...
If congress passes a law, that flows from Constitutional powers with respect to naturalization. Therefore, not Natural Born Citizen
...I’m an originalist as well in almost every sense of the word. But the reality at this point is your opinion is just another one in the mix, declarative of nothing....
Review the facts of Cruz’s birth with an open mind.
...Now if you don’t want to vote for him because of that, that’s your right. And I won’t stop you if you’re so convinced of that....
I would love to vote for Cruz!!! You fail at reading my mind!. Unfortunately, Cruz has this question over his head.
The Dims went hammer and tong with lawsuits over hanging chads in Florida. I would like to know the price Republicans paid to extract a senate resolution for McCain, clearing a path for McCain to run.
...But in all honesty, I have a hard time envisioning a case in which a father flees a tyrannical country...
Well, the father missed years and years of opportunity to renounce Cuban citizenship and apply for US citizenship. Maybe, the father has weak allegience to the US?
.. and establishes that he’s loyal to America, a mother who is a natural born citizen,...
Did the mother start a new life in Canada, and obtain Canada citizenship??
... and a child who through circumstances of his parents employment happens to be born in a country ...
When the father and mother raised Ten, sat him on their knee and instilled values, to which Country does Ted have alliegence? Is Canada a spot on the map, for Ted? Does Canada have a special place in Ted’s heart? IF Canada and the US went to war, could Ted, as Commander in Chief, carpet bomb his birthplace and neighbourhood of his youth?
... I somehow doubt if the founding fathers would look at THAT GUY and say, “If he would ever be president, it would be a great threat to the republic.â€...
The founding fathers are dead. You demonstrate you cannot read minds. There is no agreement, therefore plenty of issue on which to base a lawsuit
...On the other hand, Barack Obama, IN THEORY COULD HAVE BEEN born in Hawaii....
Nobody can make that statement. All of Obama’s records are sealed. The pdf’s that have been released are fakes and forgeries. There are plenty of reasons why the Hawaii newspaper birth announcement is proof of nothing. Obama is a proven repeat liar, and all we have with respect to his birth is Obama’s word
You are using a liberal argument though.
Everybody and their uncle? Seriously? Theres a 97 percent consensus among scientists that global warming is caused by humans carbon dioxide emissions remember? We dont roll over and accept that kind of argument.
There are zero pollsters worth the salt in one of those fast food packages. Once again very speculative, hypothetical. How many polls got the 2012 election wrong? The only one to get it right was Nate Silver. Theres a reason we have elections and not do everything by telephone/internet polling.
The only poll that counts is the one on election/primary/caucus day.
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Sorry, no. If "born a citizen" equals "natural born citizen," the Constitutional Convention wouldn't have rejected Hamilton's "born a citizen" terminology for Presidential eligibility. But they did.
Exactly! No one has standing on NBC.
+1
+1
A suit has already been filed in a Texas federal court by some Dem hack but that would likely be rejected for lack of standing. Trump would have standing because he is a co-candidate.
Sounds like Cruz has a problem.
Cruz is either going to have to come to daddy or take him on.
Sorry I missed your post and I just got up.
You may have missed my point, you said.
It’s quite possible. Yes I’ll admit it, calling Trump a reality star, while accurate, sounds demeaning compared to his many accomplishments.
Maybe I’ll consider being a better person.
Sure they do: other candidates have standing and state ballot challenges allow any citizen, registered voters, or members of the same political party (depending on state election law) to file lawsuits. In 2012, for example, Obama was challenged in 22 states. The problem was that the rulings said that he was a natural born citizen.
For example, in Georgia, citizens challenged Obama’s eligibility to be on the Georgia ballot: Swensson, Powell, Farrar and Welden v Obama, Administrative Law Judge Michael Mahili, State of Georgia Administrative Hearings: “For the purposes of this analysis, the Court considered that Barack Obama was born in the United States. Therefore, as discussed in Ankeny, he became a citizen at birth and is a natural born citizen. Accordingly, President Barack Obama is eligible as a candidate for the presidential primary under O.C.G.A. under Section 21-2-5(b). February 3, 2012
http://www.scribd.com/doc/80424508/Swensson-Powell-Farrar-Welden-vs-Obama-Judge-Michael-Malihi-s-Final-Order-Georgia-Ballot-Access-Challenge-2-3-12
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